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Brief overview of TRIPS and development – themes and sectors Workshop on LDC Priority Needs for Technical and Financial Cooperation 29 October 2009 Antony.

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Presentation on theme: "Brief overview of TRIPS and development – themes and sectors Workshop on LDC Priority Needs for Technical and Financial Cooperation 29 October 2009 Antony."— Presentation transcript:

1 Brief overview of TRIPS and development – themes and sectors Workshop on LDC Priority Needs for Technical and Financial Cooperation 29 October 2009 Antony Taubman, Director, Intellectual Property Division

2 Some themes: What is it to implement TRIPS? What are the options - and how to assess options in the light of development interests ? What kind of needs are identified? How to meet those needs?

3 What is it to implement TRIPS? Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice. TRIPS – Art 1.1

4 What is it to implement TRIPS? IPR protection and enforcement should: contribute to the promotion of technological innovation and to the transfer and dissemination of technology, contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. and to a balance of rights and obligations. TRIPS – Art 7

5 What is it to implement TRIPS? Ideas of equity, balance, mutual advantage (e.g. non-discrimination) Ideas of equity, balance, mutual advantage (e.g. non-discrimination) Promotion of innovation and to the transfer and dissemination of technology, Promotion of innovation and to the transfer and dissemination of technology, Conducive to social and economic welfare Conducive to social and economic welfare But....

6 What is it to implement TRIPS? But... how to link Formal legal consistency with legal provisions of TRIPS Formal legal consistency with legal provisions of TRIPSand Promotion of the public policy goals articulated in TRIPS Promotion of the public policy goals articulated in TRIPSthrough A process of implementation? A process of implementation?

7 What are the options for implementation ? What are the options for implementation ? and how to assess those options in the light of development interests ? and how to assess those options in the light of development interests ?

8 What are the options for implementation ? What are the options for implementation ? and how to assess those options in the light of development interests ? and how to assess those options in the light of development interests ? Indeed – what are a Member's development interests and priorities? Indeed – what are a Member's development interests and priorities? – What policies & planning processes exist already? – What sectors and interests are prioritized?

9 Value addition in the textile sector? TRIPS:25.2 Sustainable tourism, ecotourism? Paris 6ter, TRIPS 16, 22 Traditional knowledge systems & cultural expressions? TRIPS 39.2, 22.1, Berne 15.4a, Paris 10bis Generic medicines and clinical trials TRIPS 30, 31, 39.3

10 What are the options? TRIPS notifications a source of practical information about actual choices made TRIPS notifications a source of practical information about actual choices made TRIPS Council review sheds light on how those options are implemented TRIPS Council review sheds light on how those options are implemented A uniquely broad-based and representative source of information on practical options A uniquely broad-based and representative source of information on practical options countries with similar cultural/legal traditions countries with similar cultural/legal traditions regional neighbours and partners regional neighbours and partners How to draw on this material most effectively? How to draw on this material most effectively?

11 What kind of needs are identified? With a view to facilitating targeted technical and financial cooperation programmes, With a view to facilitating targeted technical and financial cooperation programmes, all the LDC Members will provide … as much information as possible on their individual priority needs for technical and financial cooperation all the LDC Members will provide … as much information as possible on their individual priority needs for technical and financial cooperation in order to assist them taking steps necessary to implement TRIPS in order to assist them taking steps necessary to implement TRIPS

12 What kind of needs are identified? With a view to facilitating targeted technical and financial cooperation programmes, With a view to facilitating targeted technical and financial cooperation programmes, all the LDC Members will provide … as much information as possible on their individual priority needs for technical and financial cooperation all the LDC Members will provide … as much information as possible on their individual priority needs for technical and financial cooperation in order to assist them taking steps necessary to implement TRIPS in order to assist them taking steps necessary to implement TRIPS

13 And how to meet those needs? Needs assessment not an end in itself Needs assessment not an end in itself The real 'need' is not a need for a needs assessment. The real 'need' is not a need for a needs assessment. Needs assessment is only credible and worthwhile if avenues identified to meet the needs identified. Needs assessment is only credible and worthwhile if avenues identified to meet the needs identified. 'Needs' to be consistent with identified policies, priorities and programs 'Needs' to be consistent with identified policies, priorities and programs Prepare for realistic ways of sustainably meeting those needs Prepare for realistic ways of sustainably meeting those needs

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